Jarret P. Hitchings practices in the areas of commercial litigation and business bankruptcy. He has significant experience practicing before the Delaware courts, including the United States Bankruptcy Court for the District of Delaware and Delaware’s Court of Chancery and Superior Court.
Mr. Hitchings graduated magna cum laude from Villanova University School of Law, where he was elected to the Order of the Coif, and the Pennsylvania State University.
Areas of Practice
Commercial and Corporate Litigation
Bankruptcy Law and Distressed Asset Litigation
Representing the assignee in an assignment-for-the-benefit-of-creditors (ABC) transaction and related litigation before the Delaware Chancery Court.
Representing a commercial creditor of an insolvent reinsurance carrier with respect to the carrier’s state-ordered receivership pending before the Delaware Chancery Court.
Defending financial institution with respect to federal lending and collection practices actions in the United States District Court for the District of Delaware.
Defended financial institution with respect to depositor litigation before the Delaware Superior Court.
Represented Spanish pharmaceutical company in fiduciary duty and books-and-records litigation against American portfolio company in the Delaware Chancery Court.
Represented secured lender and special loan servicer in connection with state law commercial loan default and foreclosure litigation before the Delaware Superior Court.
Representing a secured lender in connection with the chapter 11 litigation, reorganization and refinancing of significant theme-park area hotel property.
Represented the foreign representatives and joint administrators of Guernsey holding company in connection with chapter 15 recognition proceedings in the United States.
Represented the foreign representatives and joint official liquidators for Cayman Island hedge fund in connection with the case administration and wind-down of chapter 15 cases for feeder-fund affiliates.
Litigated the multi-million dollar claims of an energy logistics company against exploration and production company during its chapter 11 reorganization.
Represented as Delaware counsel the official committee of unsecured creditors of an international metals recycling company in connection with the company’s successful chapter 11 restructuring.
Recent Federal and State Court Litigation
Bankruptcy and Distressed Asset Litigation
- U.S. District Court for the District of Delaware
- U.S. Bankruptcy Court for the District of Delaware
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. Bankruptcy Court for the Eastern District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- Villanova University Charles Widger School of Law, J.D., magna cum laude
- Order of the Coif
- The Pennsylvania State University, B.A.
- Duane Morris LLP
- Partner, 2021-present
- Associate, 2013-2020
- Whiteford, Taylor & Preston LLC
- Associate, 2010-2013
- Delaware State Bar Association, Litigation and Bankruptcy Sections
- INSOL International, Member
- American Bankruptcy Institute
- Newsletter Editor for the Emerging Industries and Technology Committee
- Advisory Board Member for the Mid-Atlantic Bankruptcy Workshop
Honors and Awards
- Listed in Delaware Super Lawyers Rising Stars, 2021
- Quoted, "Proposed Federal Bankruptcy Venue Restriction Could Be a Blow for Delaware," Delaware Business Court Insider, June 30, 2021
- Author, "Is Chapter 15 Available to a Cannabis MSO? In the Face of Uncertainty, Tread Lightly," INSOL World, 2nd Quarter 2021
- Author, "Chancery Considers Measure of Damages in Case Involving Cancer Therapeutics Company," Delaware Business Court Insider, June 16, 2021
- Quoted, "Suit Over Brooks Brothers Sale Shows Chap. 11's Shadow," Women's Wear Daily, May 21, 2021
- Co-author, "Rejection of FERC-Regulated Agreements: Is In re Ultra Petroleum the Last Word?" American Bankruptcy Institute Journal, February 2021
- Author, "Chancery's Narrow Construction of Forum Selection Clause Preserves Venue of Fiduciary Duty Litigation in Del.," Delaware Business Court Insider, June 24, 2020
- Co-author, "Sympathy for the Debtor? Not When It Comes to Student Loans," Law.com, November 14, 2019
Author, "Don't Be a Maverick: Chancery Reinforces Limits on Attorney-Client Privilege," Delaware Business Court Insider, August 21, 2019
Co-author, "Limitations on the Utility of Testimony Elicited During a Section 341 Meeting," The Legal Intelligencer, May 23, 2019
Co-author, "Approval of Fee Defense Provisions in Retention Agreements Post-'ASARCO'," The Legal Intelligencer, February 15, 2018
- Co-author, "Court: Debt to Paramour Obtained by Fraud Partially Nondischargeable," The Legal Intelligencer, October 6, 2017
- Co-author, "One Contract, Indivisible, With Defenses and 'Kiwi' for All," The Legal Intelligencer, July 3, 2017
- Co-author, "Pssst, Can You Keep a Secret? Unperfected 'Secret' Liens as a Preference Defense," American Bankruptcy Institute Journal, June 2017
- Author, "Colleges Should Note A New Trend Among Bankruptcy Trustees," Law360, October 12, 2016
- Co-author, "A Tale of Two States: Puerto Rico and Chapter 9," The Legal Intelligencer, June 30, 2016
Selected Speaking Engagements
- Panel Speaker, "Beyond the Surface of Venue: Real World Bankruptcy Practice in 2018," National Conference of Bankruptcy Judges, 2018 Annual Meeting
Presenter, "Key Issues in Distressed Debt, Workouts, and Restructurings: Practical Guide," The Knowledge Group, Webcast, October 10, 2019
- Quoted, "Proposed Federal Bankruptcy Venue Restriction Could Be a Blow for Delaware," Law360, June 30, 2021
- Quoted, "Suit over Brooks Brothers Sale Shows Chap. 11’s Shadow," WWD, May 20, 2021
- Quoted, "Student Loan Debtors Seek High Court Standard in Debt Discharge," Bloomberg Law, April 30, 2021